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2019 Supreme(Gau) 1205

A.S.BOPANNA, ARUP KUMAR GOSWAMI
Gopesh Deka – Appellant
Versus
Phul Kumari Deka – Respondent


Advocates Appeared:
For the Appellant : Mr. K. Bhuyan
For the Respondent: Mr. D. Das

JUDGMENT AND ORDER :

A.S. BOPANNA, C.J.:—Heard Mr. K. Bhuyan, learned counsel for the appellant. Also heard Mr. D. Das, learned counsel for the respondent.

2. The appellant is the husband of the respondent. He is before this court in this appeal claiming to be aggrieved by the judgment dated 26.5.2017 passed by the Principal Judge, Family Court, Barpeta in T.S.(M) F.C. Case No. 122/2015. Through the said judgment the Family Court had dismissed the petition filed by the appellant-husband under section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking dissolution of the marriage.

3. The brief facts are that the appellant and the respondent got married on 5.8.2011 and a male child was born to them on 1.9.2012. The petition before the court below was filed by the appellant alleging cruelty on the part of the respondent and in that light, he had sought for dissolution of marriage. The allegation is that the respondent herein was behaving in a rude manner with the appellant herein and also his parents and sister. It was pleaded that the sister of the appellant was assaulted by the respondent and an FIR had been lodged in that regard. It is also contended that the respondent had physically

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